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PROP. CLERK v. MOLOMO

179 A.D.2d 210 (1992)

Property Clerk of New York City Police Department, Petitioner, v. Michael Molomo, Respondent Ford Motor Credit Company, Respondent, v. Michael Molomo, Defendant, and Andrew Furlong, as New York City Police Department Property Clerk, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

April 23, 1992

Attorney(s) appearing for the Case

Byron L. Friedman of counsel (Wilson, Elser, Moskowitz, Edelman & Dicker, attorneys), for respondent.

Elizabeth S. Natrella of counsel (Pamela Seider Dolgow with her on the brief; Victor A. Kovner, Corporation Counsel, attorney), for appellant.

MILONAS, J. P., and SMITH, J., concur with KUPFERMAN, J.; WALLACH and ROSS, JJ., dissent in an opinion by WALLACH, J.

KUPFERMAN, J.

On the afternoon of August 16, 1989, defendant Michael Molomo and a female passenger in his 1988 Mercury Topaz were arrested in the Bronx and charged with criminal possession of narcotics and the vehicle was seized as an instrumentality of crime.

We are all agreed that Molomo, the purchaser of the motor vehicle, by using it while making a drug purchase, turned it into an instrumentality...

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